'Power to the Ice Pick:"
Remembering the Joan Little Murder Trial
Wendy Segars/ 09984
History 452 Senior Research Seminar
Dr. Uldricks
Submitted in partial fulfillment of the requirements for the degree of Bachelor of Arts
with major in History at the University of North Carolina at Asheville
Fall 2006
"Power to the Ice Pick"
Remembering the Joan Little Murder Trial
09984
Abstract
Joan Little was a young, black female prisoner in the Beaufort County Jail in Isforth
Carolina when she was accused of murdering her white prison guard, Clarence Alligood,
in the summer of 1974. She claimed that the murder was committed in self-defense when
the jailer tried to sexually assault her. Despite the history of racism in the United States,
Joan Little was able to win this case because of the attention and support that it received.
Joan Little's lawyer, Jerry Paul, was able to use the social climate of the time
period to
gain funding and aid from various Civil Rights groups, helping him ensure a "fair" trial.
The court acquitted Joan Little in 1975 making this case a landmark for its time.
Contrary to the folklore of criminal procedure, the function of juries is not to
distill truth from fiction, not to "determine the true facts" or to render a verdict
that "speaks the truth" about a defendant's guilt or innocence. The jury makes no
broad judgments about a defendant's culpability. It sits to determine not whether
the accused is actually guilty but whether the prosecution has presented sufficient
and persuasive evidence of guilt. The defendant is on trial, but it is the
prosecution that must, at least procedurally, either win or lose. The jury decides
only that guilt has been established or that it has not. l
America's legal system has long been revered for its equality and "blind" justice.
However, throughout time, there have been a number of cases in which one has to ask
oneself, is the American justice system really blind? With the influence of media and
public opinion being so strong and persuasive, can the justice system simply turn its head
from society? Throughout history, the United States court system has been accused of
having biased verdicts. There have been relatively few cases when there has be :n a
consensus between the population and the outcome of a trial. This was especially true in
the United States prior to the late 20th century. Before this, it was the white men of society
who held power and delegated authority over everyone, including blacks, women, and
other minorities. In 1974 this supposedly blind and equal legal system, set up by white
men, would be put to the test.
Joan Little was a young, African American woman serving time in the Beaufort
County prison facility. It was here, in the summer of 1974 that the 20 year old would be
accused of killing her white prison guard, Clarence Alligood. Because of the social
climate and time period surrounding the case, Joan was able to gain money, support, and
attention; all of which helped gain her acquittal. It was this exoneration of a young, black
Fred Harwell, A True Deliverance (New York: Alfred A. Knopf, 1979), 9.
woman in the South, that would set Joan Little apart from the historically racist judicial
system, making her case a cause celebre.
Prior to her trial, black men and women were consistently found guilty despite
the evidence for or against them. This type of injustice was seen in trials like the
Wilmington Ten, when ten young black men were accused of burning down a
convenience store, and in the Scottsboro trials, when nine young black men were accused
of raping two white women. In both instances, there was no substantial evidence against
the defendants, but they were still not given fair trials because of their race. Often,
particularly in the South, there was not even a trial held; a mob of white men ha dthe
ability to lynch a black person based on nothing more than hearsay. This kind of racial
inequality is primarily due to America's racially segregated past.
The United States, up until the mid 201 century, was considered a segregated
society, meaning that white males were held higher in the social order and separated from
any other sex or race. This privilege gave Caucasian men the upper hand in both political
and social structures. It was not until the late 1950's that black men and women started
gaining more power in society. Running parallel to the Women's Rights Movement, the
Civil Rights movement had reached a stage of maturity, making big strides to try and
improve the conditions of African Americans. Just a few years before Joan Little's trial,
the Supreme Court had decided in the Brown vs. Board of Education case that
segregation was not legal, a decision that increased racial tension within the United
States. Both black and white members of the community were trying to adjust to the new
racial standards within the country. It was also during this time that the continued FBI
assaults on Civil Rights and Black Power groups occurred.2 African Americans were
convening at the National Black Political Convention, and both the National Blkck
Feminist Organization and the National Organization for Women were gaining strength
and support throughout the country.3 Minority groups, specifically African American,
and women's groups everywhere were trying to change the way America had previously
thought about race and gender relations. The Joan Little case came at a point in time
when America was redefining what justice and equality meant for people of color and
women.
One of the few historians who has written about the Joan Little case and the time
period surrounding it is Bettye Collier-Thomas, author and professor of history at Temple
University. In her book, Sisters in the Struggle: African American Women in the Civil
Rights-Black Power Movement, she discussed the waves of feminist groups supporting
the Joan Little trial and the overall movement that the trial began. Thomas claimed that
racially, the controversy over the ruling of Joan Little "further polarized" the black and
white population in the eastern part of North Carolina where the murder occurred. She
also claimed that Joan Little was at even greater risk of indictment because of the
multiple injustices of this case, such as her race, gender, and social status. Because of her
circumstances and the time period, Thomas believed that the Joan Little case helped
launch a woman's right of self- defense against sexual assault.4
Another author who has written about the Joan Little case was James Reston, an
historian, author of thirteen books, numerous articles, and a current senior scholar at the
2
Bettye Collier-Thomas, Sisters in the Struggle: African American Women in the Civil Rights-Black Power
Movement (New York: New York University Press, 2001), 266.
3
Thomas, Sisters in the Struggle, 266.
4
Thomas, 261.
Woodrow Wilson International Center for Scholars in Washington. Reston claimed that
the case was a circumstantial one of murder and rape ending with different theories of
how the crime happened.5 He went on to state that each theory was based mostly on a
view of the character of Joan Little and that judging the defendant was "largely a matter
of predisposition." The stereotypes and the assumptions that people had of her during this
time period was a key factor in her trial. James Reston also claimed that one of the
reasons that this trial was able to keep the attention of the media was because it was in the
South. He stated, "The national press brought to North Carolina the nostalgic, fixed view
of an Old South of helpless black victims, and gross, ignorant, white law enforcement."
He believed that the defense played this theme to a "fare-thee-weH" and the court room
drama was soaked up by the rest of the nation.6 Reston went on to state that the trial
pushed the legal system out of recognition and it became a stage where only "lawyerpublicists" belonged. "It was the excess of it all, on all sides, [...] that stands out."7
According to Reston, the trial was merely a show of how lawyers and defendants can
manipulate the court system given the proper time and place.
bell hooks, a current professor at City College in New York, black feminist
theorist and cultural critic, discussed the issues of black women during this time period in
her book, Feminist Theory: From Margin to Center. She critiqued society and
government during the years prior to the mid 20th century, claiming that neither were
concerned with the ethnic and racial discrimination or economic survival of the masses of
James Reston, The Innocence of Joan Little: A Southern Mystery (Toronto: Fitzhenry & Whiteside, 1977),
Reston, A Southern Mystery, x.
Reston, A Southern Mystery, xi.
8
Hooks, Bell, "Black Women Shaping Feminist Theory," in Words of Fire: An Anthology of African
American Feminist Thought, ed. Beverly Guy-Sheftall (New York: The New Press, 1995), 273. hooks'
professional name is not capitalized.
7
7
black women, hooks went on to argue that society in general can not gauge the impact of
sexism or sexist oppression on the lives of women in American society. She also pointed
out that oppression, whether it is sexual, racial, or any other kind is merely the absence of
choices and that under a capitalist patriarchy, black women's behavior is restricted, and
therefore oppression occurs.9 Though hooks does not mention Joan Little specifically, it
is clear from her writing that black women, like Joan, faced multifaceted oppression
during the time of her trial.
Because of these circumstances, Joan's acquittal made her a celebrity and set a
new precedent for what justice meant for African American women in the South. Little
had been sentenced to the Beaufort county prison for three separate counts of breaking
and entering as well as larceny in the summer of 1974. 10 She was sentenced
for
a term of
seven to ten years of jail time and five years of probation following her release. Little was
not eligible for parole within two years, and after being freed, she was to be banished
from "Dodge City," a bawdy section of town where she spent most of her time.11 Little
was confined to Beaufort county prison for twelve weeks.12 Little's sentence was longer
than most prisoners were incarcerated and was much longer than she thought she would
be there.13 It was in her single cell that the murder of her night jailor, Alligood, would
happen.
According to the statements gathered during the trial, Clarence Alligood, a heavy
set, white, 62 year old man, approached Little's cell several times that one summer night
9
Hooks, "Black Women Shaping Feminist Theory," 273.
Harwell, 32.
"Harwell, 35.
12
James Reston, "Collection of Joan Little Trial Materials," (University of North Carolina at Chapel Hill:
Southern Historical Collection, 1976), 31.
13
Harwell, 42.
10
on August 26, 1974 to bring her sandwiches and cigarettes. 14 However, it was the last
time that came to Little's cell that the assault began. Alligood supposedly carried an ice
pick from the office to the cell and demanded that Little have sexual relations with him.15
In her testimony, Little recalls that she did not see the ice pick in Alligood's hands until
he was forcing her closer to him.16 After telling Alligood that she "would not be nice to
him in that way," he began to grab her by the neck with his right hand while the ice pick
was in his left hand. 17 Alligood coerced Joan to give him oral sex by threateninj her life.
However, shortly after the forced sexual act began, Little stopped when she not ced
Alligood's hand loosen on the ice pick. She then tried to grab the ice pick from him and it
fell to the ground. In a mad dash, Little got to the ice pick first and began to stab Alligood
eleven times in what she later claimed was self-defense.18 She then quickly grabbed a pair
of jeans and a shirt, and fled the scene of the crime, but not before looking back and
seeing what she claimed to be a grin on his face.19 She was able to exit the prison cell
because Alligood had left the door unlocked. The next morning, August 27, 1974,
Alligood was found dead on Little's cell bunk, naked from the waist down, with semen
on his leg.20 The hunt for the escaped prisoner started immediately.
Little left the jail and went to her cousin, Raymond Cobb's house, to make a
phone call. She tried to hide out there for a while but because Raymond was fearful of the
cops in the area, she was unable to do so and instead called her mother for help 21 Little
14
Reston, "Collection," 65.
Reston, "Collection," 77.
15
16
17
18
19
Reston, "Collection," 73, 78.
Reston, "Collection," 84.
Reston, "Collection," 79.
20
Reston, "Collection," 78.
Reston, "Collection," Audio Transcript, 1.
21
Reston, "Collection," 96.
ended up hiding in a family friend's house just six blocks from the jail for about a week.22
Shortly after news broke of the slain jailer, a fragile coalition formed out of the young
black women in the area to help raise money to get Joan Little out of Beaufort.23 Because of
the social climate of the area, people were already willing to help Little's defense
because they felt that they could relate to her situation and help redefine what justice was.
However, that quickly disintegrated due to lack of funds. Margie Wright, a local member
of the Southern Christian Leadership Conference, a prominent Civil Rights organization,
then called upon Jerry Paul and his team of lawyers to help clear Joan Little's name.24
Jerry Paul, a recognized, white lawyer, was known for helping African Americans. In the
1960's, Paul had joined the Civil Rights marchers and began to defend them whenever
they were arrested.25 He was well versed in dealing with African American cases and the
difficulties that went along with them. Paul saw this case as yet another attempt to help
the Civil Rights movement and the African American society gain more rights in the legal
system.
The historical context surrounding the Joan Little murder trial gives much insight
into how the dealings of the trial would play out and the outcome that would follow. At
this time, North Carolina had the highest rate in the nation of prisoners on death row. The
state mandated that a conviction on a first-degree murder charge automatically carried the
death penalty. If convicted, this would have been Joan's fate.26 She would have been
added among the two women who were currently on death row, both of whom were
22
Reston, "Collection," 93.
Harwell, 93.
24
Harwell, 94.
25
Harwell, 99.
26
Angela Davis, "Joan Little: The Dialectics of Rape," Ms. Magazine (1975), www.msmagazine.com
(accessed April 27, 2006).
23
10
women of color.27 During the time of the trial, there were sixty-four people on death row,
forty-two of whom were black or Native American.28 Reverend Ben Chavis, a Civil Rights
activist, discovered that at the time of the Joan Little trial, "North Carolina had the largest
proportion of imprisoned people, the largest number (proportionately speaking) of people
on death row, and the largest number of political prisoners."29 North Carolina was
known for silencing political activists and figures during this time period by putting them
'
in prison. This was another way in which the white men of society could remain in power
and slow down the Civil Rights movement. When Joan Little was labeled by society as a
"political prisoner" because of the circumstances of the trial, her acquittal made her even
more of a rarity among other minority criminals in the state. The attack Joan Little had to
endure was not uncommon in the South, however, because the trial proceeding: and
acquittal was so unusual, her case quickly caught the public's interest.
When news of the murder gained national attention, many of the Civil Rights and
Women's Rights activist groups felt nothing had changed in terms of equality for women
or African Americans and they wanted to amend this wrong doing. Pauli Murray, a black
women's activist and supporter of Joan Little's cause, had used the term "Jane Crow" to
describe the barriers that were previously set up to prevent black women from achieving
their true potential.30 However, with this case, it appeared as if women once again felt
pressure from the Jane Crow standards. Workers World, a prominent journal and activist
group at the time, stated that "Southern slave holders considered rape one of the rights of
27
Davis, "Dialectics of Rape."
Mark Pinsky, "3 Cases Make the Point: Justice in North Carolina Is Once More Old South," New York
Times, March 9, 1975, sec. E6.
29
Bettye Collier-Thomas, Sisters in the Struggle: African American Women in the Civil Rights-Black
Power Movement (New York: New York University Press, 2001), 268.
30
Pauli Murray, "The Liberation of Black Women," in Words of Fire: An Anthology of African American
Feminist Thought, ed. Beverly Guy-Sheftall (New York: The New Press, 1995), 185.
28
11
ownership, and that attitude prevails in the minds of white racists today. All Joann (Joan)
Little did was to protect her body and her life. [...] The crime is that she is being tried at
all." Wayne King, a news reporter from New York who covered the story from
beginning to end, wrote in the New York Times that, "Her supporters saw her trial as
nothing more than old-fashioned lynch law turned on its head, some new and bitter fruit
from the hangman's tree that has come [...] to symbolize cases of summary ju: tice dealt
to blacks accused of sexual trespass in the South."32 The Prisoners Against Rape activist
group was quoted as saying, "rape serves to perpetuate male dominance, female
submission and stereotype myths [...]. Unite to give power to oppressed people! Down
with sexism! Free sister Jo arm (Joan) Little!"33 These groups wanted to work together to
make sure that the horrible crime of raping a black woman in the South would not be
excused or tolerated anymore. They wanted to make Joan Little an example and a
representation of how justice can be won for a black female in the South. These groups
quickly began sending money to support and help her cause.
The biggest support group for Joan was the Southern Poverty Law Center in
Alabama. They encouraged Little to continue asking for money from the support groups
as well as private donations from individuals.34 They even had her write a letter in the
newspaper asking for funding; "If you are willing to help, please rush your check by air
mail. Only 3,000 concerned people giving an average of 25 dollars each will bring us to
our goal. I hope I can count on you."35 Other groups such as the Black Panthers, National
Minnie Bruce Pratt, "A Look Back at the Joan Little Case," Workers World (2006), www.workers.org
(accessed September 19, 2006).
32
Wayne King, "Trial Gives New Twist to Old Racial Issue," New York Times, August 12, 1975, 14.
33
Pratt, "A Look Back."
34
Joan Little, Display Ad 481, New York Times, August 24, 1975, 153
35
Little, Display Ad 481, 153
12
Organization for Women (NOW), The Prisoner Solidarity Committee (PSC), and the
Atlanta Lesbian Feminist Alliance (ALFA) were just a few that volunteered the^r
services.36 There were other coalitions that formed specifically for Joan Little such as the
Free Joan Little Committee, the JoAnn Little Defense Fund, and the Concerned Women
for Fairness to Joan
37
Little.
By the end of the trial, Joan Little and her
defense had collected over 300,000 dollars.38
Not only did these groups give money, but some, like the PSC, organized rallies,
marches, vigils, leafleting, and petitioning nationwide.39 The Youth Against War and
Fascism group collected 2,000 signatures on a petition demanding an immediate end to
Little's prosecution.40 In the back of the courtroom, both black and white young women
sat wearing tee shirts that said "Free Joann Little" and "Power to the Ice Pick.41 Outside
the courthouse, Little's supporters waved an array of protest signs including some that
said, "Why Have a Trial- the Criminal is Dead."42
One of Joan Little's biggest supporters was Angela Davis, a famous African
American women's rights advocate. She remained by Little's side throughout much of
the trial to ensure that justice was found. She claimed, "many believe that incidents such
as these belong to an era of racist terror now forever buried [...] but history itself allows
only the naive to claim [...] a time of unequivocal progress." 43 She also stated that the
initial victim of rape was the black woman, but rape was also used as a means of
36
Pratt, "A L ook Back."
Thomas, Sisters in the Struggle, 262.
38
Wayne King, "Joan Little Slaying Trial Starts Today," New York Times, July 14, 1975, 51.
39
Pratt, "A Look Back."
40
Pratt, "A Look Back."
41
King, "Trial Gives New Twist," 14.
42
King, "Trial Gives New Twist," 14.
43
Davis, "The Dialectics of Rape."
37
13
terrorizing the entire black community.44 Davis made the point that white males had a
history of using rape and violence as a way to maintain power in society. Though Davis
stood apart from the majority of women in America because she was linked to the
Communist party, she was a good representation of how most women, especially African
American women, felt during this time period. She represented the active voice of
equality for black women at this time. Many of the groups, like her, felt like they had a
strong connection to Joan Little and wanted to see her succeed not just for herself, but for
her gender and race as well. Bernice Reagon, a songtalker and musician, stated, "Joanne
(Joan) is you/Joanne is me/ Our prison is this whole society. [...] Joan Little really
showed me where my voice was on the issue. [...] what she opened for me was any
woman any where who is violated."45 Betty Collier-Thomas, wrote, "group leaders had to
reexamine the concept of 'sisterhood' in light of State vs. Joan Little. As a result,
recognition of differences created varying degrees of solidarity among women."46 Women
of all colors and ethnicities came to view Joan Little's trial as an authentic opportunity to
implement the idea of true "sisterhood" across race and class lines. This case was an
opening for women, and especially black women, to look at themselves not
individually, but collectively in order to further the black revolution going on a tthis
time.47 It was as if when Little won the case, she won a battle for society.
Though Jerry Paul and his team of lawyers gained a lot of national support for the
Joan Little case, which soon became known as the Joan Little Movement, there was still
44
Davis, "T he Dialectics of Rape."
Thomas, Sisters in the Struggle, 266.
46
Thomas, 267.
47
Haden, Patricia; Middleton, Donna; Robinson, Patricia, "A Historical and Critical Essay for Black
Women," in Dear Sisters: Dispatches from the Women's Liberation Movement, ed. Rosalyn Baxandall and
Linda Gordon (New York: Basic Books, 2000), 93.
45
14
some concern over whether or not Joan would receive a truly fair and impartial trial
because of the courts historically predispositioned past. Even Little's lawyer, Mr. Paul,
has been quoted saying, "It [Little's innocence] is almost irrelevant; the whole trial
process had nothing to do with justice." Because of the time period and histoiy of
wrongful convictions of black defendants, Paul was worried that the court system would
be corrupt and prove that Joan was guilty based on her gender and the color of ler skin
and not on the evidence for or against her. This corrupt system is why Joan's lawyer tried
his best to ensure that she would have a fair trial. With the help and funding th; t was
provided from the support groups, Paul was better able to make a fair trial happen for Joan
Little.
In the early stages of the trial, Jerry Paul wanted to conduct a research study on
the area around Beaufort County. Because of the distinct racial division within the eastern
part of North Carolina during this time period, he knew that trying to find a location
where Joan could receive a "fair" trial would be tough in the South. With the funding he
was given from the support groups, he hired a team of social scientists to interview and
survey the people in the area concerning their attitudes towards racism, sexism, and Joan
Little.49 They wanted to see what state of mind the people of the area were in so they
could choose an area that did not have any predispositions about the case. It was the
scientists' presence during the selection of prospective jurors that attracted the most
attention and controversy. Jury selection and trial location were key issues when deciding
whether or not Joan would have an unbiased trial. Paul's team of social scientists
48
Wayne King, "Joan Little's Lawyer Scorns Legal System and Says He 'Bought' Her Acquittle," New
York Times, Oct. 20, 1975, 23.
49 John B. McConahay; Courtney J. Mullin; Jeffery Frederick, "The Uses of Social Science in Trials with
Political Overtones: The Trial of Joan Little," Law and Contemporary Problems 1 (1977), www Jstor.org/
(accessed September 18, 2006).
15
discovered that "important cognizable classes were indeed substantially underrepresented
in the resulting grand and/or petit jury pool."50 Though African Americans made up a
large part of the population, they were not being represented. Due to this lack o:
representation, Paul called for a change of venue motion in order to try and get
ittle a
fair and impartial jury.51 He was worried that if she were tried in Pitt County, the original
decided location, she would not have a good chance of winning. To back up the
.
scientists' arguments that the trial needed to be relocated, they presented data from the
random sample telephone surveys that they had conducted in each of the twenty-three
S9
counties of the Eastern North Carolina region.
The defense team concluded that Little
could not get a fair trial in any of these counties because there was no difference among
the respondents' perceived level of exposure to the case and their preconceptions of guilt
and racial attitudes.53 With the help of the social scientists, Jerry Paul was able to have the
trial moved to Wake County, a bigger, more diverse area. The judge who decided to
allow this based his decision on the substantial amount of publicity the case had received
in the Pitt County news media and the fact that, because of this, many people had affixed
opinions about the case.54 The media had already begun to play a big part in the trial. This
was only the beginning of the defense's enduring trial and jury selection process. Paul's
team went through six streams of combined data to decide whether or not to accept a
juror. They had a mathematical model, a behavioral model, and even a psychic to observe
the potential jurors and advise them of their aura or "karma." Finally,
50
51
52
53
54
McConahay, "The Uses of Social Science in Trials," 207-208.
Ibid., 210.
Ibid., 211.
Ibid., 211-212.
Ibid., 213.
16
Little was asked how she felt about any juror whom they were considering.55 In an article
titled, "Recipe for a Jury," the social scientists wrote that their ideal juror would be a
female Democrat with no religious preference and a white-collar job or a skilled bluecollar job; the juror should be under thirty, black, and have elements of a counterculture
lifestyle.56 The defense team went through these specific details to ensure that Jloan would
have a fair trial and a jury that represented the people who were historically
underrepresented: African Americans.
This "scientific" jury selection is where a fair amount of the funding went. On
average, the development of this project ended up costing the defense 30,000 dollars.57
Much criticism arose from this kind of jury selection as well; the team was often accused
of "stacking the jury."58 By the end of the selection process, the jury consisted of six
blacks and six whites.59 Jerry Paul was able to use Joan's funding to get the jury and trial
location that he wanted. This case not only established a woman's right of self defense,
but a defendant's right to have a change of venue beyond the boundaries of neighboring
counties. This was not a likely occurrence in the state of North Carolina, making Joan's
case unique in more than one way. Joan's fate was left up to those twelve hand-picked
jurors.
Over the course of the trial, even though he had gotten support from various
groups, Jerry Paul had worked very hard to try and mold Joan Little into someone that
would fit the jury's image of a poor, innocent victim and not that of a murderer.
However, Joan's past was a hurdle that he had to overcome. Born in 1954 in Washington,
55
McConahay, "The Uses of Social Science in Trials," 214.
"Second Juror is Seated in Trial of Joan Little," New York Times, July 16, 1975, 41.
57
King, "Joan Little Slaying," 51.
58
McConahay, "The Uses of Social Science in Trials," 220.
'9 Thomas, Sisters in the Struggle, 260.
56
17
North Carolina, Joan Little was the oldest of nine children in a poor family. Her father
abandoned them and her mother remarried a man that "mistreated" her family, though
exact details are not clear as to what extent.
Joan slowly began to drift away from her
mother and family; at the age of sixteen, she had moved out and began living with a
friend.61 In 1968 Joan's mother had asked a Beaufort County judge to send her to Dobbs's
Farm, a juvenile training school. It was here that Joan would make her first escape from
a prison facility and flee to a cousin's home in New Jersey.62 This was only the beginning
of Joan's run-ins with the law. Joan lived in and out of North Carolina for a number of
years. She had lost interest in education and never managed to get her high school
diploma. To support herself she took jobs as a factory worker and a field hand. Joan
began hanging out in local taverns and pool halls near Washington. This area, known as
"Dodge City" had the highest crime rate in the city. It was also the place where she met
Julius Rodgers, her soon-to-be boyfriend and the man she would write letters to from jail.
Here, in Dodge City, Joan gained a reputation that blended "delinquency with
promiscuity." She had even been linked to a prostitution ring.63 Sadly, this was not an
unusual way for a black female to grow up in the South. Due to the racial segregation and
white elitist mind frame in the South, much of what Joan Little went through was what
many minorities had to endure during this time. In 1960, twenty two percent of black
households were single-mother families, mostly due to the disproportionate number of
poor black men in prison or dead. Also, there was a lack of good jobs for poor people,
60
61
62
63
Harwell, 24.
Harwell, 25.
Harwell, 26-27.
Harwell, 27.
18
especially poor women of color.64 Although most of Joan's circumstances were forced on
her because of the time period, the image that came across to the jury was not helpful to
her defense lawyers when she was later on trial.
Joan has stated that most of her real problems started in 1973; "It just seemed like
a year of bad luck."65 It was in the spring of that year that she was arrested for shoplifting
in Greenville. She received a six month suspended sentence and a fine. Later, in
November, Little was arrested on larceny charges after a woman from Pitt County
accused her of stealing some clothing. However, this case was never tried because the
woman who made the claim did not show up to court and testify. Joan Little was arrested
again on January 10th in Washington for shoplifting.66 This case was thrown out as well
because the officer had testified that he had not actually seen her with any stoleji items.
The fact that the officer did not see Little with the stolen items but arrested her anyway
could also be seen as a testament to how African Americans were often wrongfully
accused of breaking the law simply because of their race.
Only four days later, on January 14th, Joan Little was arrested again, along with her
brother Jerome who was staying with her, on charges of what the deputy sheriff called
"unlawfully, willfully, and feloniously stealing, taking and carrying awajr two televisions,
one 30/30 rifle, six pairs of shoes, a set men's and women's wearing apparel, cook ware,
one vacuum cleaner, one automatic mixer, and other household goods."67 Together,
Jerome and Joan were charged with breaking into three homes and stealing
64
Hope, Karol, "The Single Mother Experience," in Dear Sisters: Dispatches from the Women 's Liberation
Movement, ed. R osalyn Baxan dall and L inda Gor don ( New Yor k: Basic Bo oks, 200 0), 22 9.
65
Harwell, 27.
66
Reston, "Collection," 29.
"Harwell, 31.
19
property valued at more than 1,300 dollars. 68 Joan, however, failed to appear in court and
was a hunted fugitive for the first time. The police eventually found her and during the
trial, her brother Jerome testified against her, leaving him to be acquitted and her to be
found guilty. This would be the arrest that would put her in the Beaufort Comity jail
where she would eventually meet and murder Clarence Alligood.
Jerry Paul agreed with Davis when she claimed that Little had been "raped and
wronged many times over by the exploitative and discriminatory institutions of this
,70
society." The defense believed that Joan had been dealt a bad hand and that
by society her past should only be a testament to that. This is another reason activist
why so many groups got involved; they believed that Joan Little had been a life
victim her entire
because of the world around her. Patricia Hill Collins, a women's rights activist, claimed,
"African American women, as a group, experience a different world than those who are
not black and
historically
,71
female." Again, because of the time period and the
acist past,
the African American population went through life much differently than the white
population did. They were not given the opportunities that much of the white population
had at this time. Their experiences often evolved out of survival. Women, especially
black women, could see themselves in Joan Little and wanted to fight for her
sc
»that she,
and her "cause," could survive. However, with this kind of background and previous
incidences with the law, it was hard for Joan Little to be looked upon as an "innocent"
victim by her jurors. Jerry Paul had to manipulate the views of the jury to show that Joan
68
69
70
Harwell, 31.
Harwell, 32.
Davis, "T he Dialectics of Rape."
71
Patricia Hill Collins, "T he Social Constr uction of Black Fem inist T hought," in Word of Fire: An
Anthology of African A merican Feminist Thought, ed. Bever ly Guy- Sheftall ( New Yor k: T he New Press,
1995), 339.
20
Little was only a product of the world around her and that she, herself, was the victim.
An article in the New York Times claimed that "[Paul] coached his client in a w^y that
made her performance in court the virtual equivalent of a memorized script."72 Paul
prepared Little to not only deal with the prosecution, but the media and society as well.
Almost immediately the tabloids and newspapers began publishing wha t little
details they had about the story. Joan Little quickly became a celebrity case. Jerry Paul
recognized that because of the time period of the trial and the support surrounding the
case, he would be able to "orchestrate the press."73 He was often accused of pulling
publicity stunts to gain the media's attention. For example, Mr. Paul was often seen
"parading Miss Little before the photographers with a copy of To Kill A Mockingbird
clutched in her arms; the title conspicuously showing."74 Because of his lack of faith in
the legal system, Paul was known for saying that the trial and justice system was a
"charade and illusion" and that he simply "bought" Little's acquittal.75 Though Little had
not denied killing Mr. Alligood, Paul was going to make sure that she was found innocent
by manipulating the press so that everyone in society would feel like Joan was the victim.
With all of the pressure and support coming from the media and activist groups,
William Griffin, the prosecutor, wanted to bring out Joan's past as a way to make her
seem unreliable. To get support for the prosecution, Griffin made an effort to point out
holes or gaps in her testimony. For example, throughout Joan's time in the Beaufort
County Prison, she kept a series of journals and diaries in the crossword puzzles she was
given. It was here that Joan claimed to have written down everything that happened in
72
73
74
75
"Judicial Nihilism," New York Times, Oct. 25, 1975, 28.
"Judicial Nihilism," 28.
King, "Joan Little's Lawyer Scorns," 23.
King, "Joan Little's Lawyer Scorns," 23.
21
the prison; "I wrote down close to everything that happened. [...] Well, whatever
happened during those times I always wrote it down."76 One entry read, "Mr. Alligood
brought me a sandwich. Had a headache so he included aspirins. 3:30 a.m. Wed. morning
listening to music. [...] Mr. Alligood just received his 3:30 snack. So far this week I
received one ea. Night. Thank God for that."77 These diary entries were helpful tools for
the prosecution. During the trial, Joan claimed that the guard had tried to come on to her
a previous time, yet she did not record it down in her journals. She testified in court that
"he wanted me to have, you know, sex with him. [...]! told him to leave and that if he
didn't that I was gonna tell Mr. Ellis when he came on."78 Joan thought that she had noted
this incident in a copy of Ben Hur, but when the book was brought into court, there was no
note of it at all.79 hi all of her writings, nothing bad about Mr. Alligood could be found.
In fact, in a letter that she had written to a friend while in prison, Joan stated "They [the
jailors] are all really nice."80 When asked later why she did not go ahead and tell Mr. Ellis
about the incident, Little testified that "sometimes you have evidence and you tell people
the truth, but then they twist it in a way that makes it seem that you're not telling the
truth, and in Washington, North Carolina, coming up as a black woman it's
different in sayin what you did and having your word to go against a white pers n's. It is
social
,81 acceptable." Joan was trying to prove that because of her
not
race, gender, anc climate of the time period, Mr. Ellis would not have believed her. The
prosecutors also
76
Harwell, 46.
Harwell, 46.
78
Harwell, 47.
79
Harwell, 47.
80
Reston, "Collection," 134.
81
Harwell, 48.
77
22
89
claimed that Alligood's murder could have been a part of an escape plan. The officer on
duty before Alligood claimed that Joan was "talking in a low voice, sort of a mumble"
and that she "did not respond to his greeting" like she normally does; he testified that she
OT
was acting unusual that night.
The jailer claimed that Little was in the area of the
drawer where the ice pick was kept and possibly could have had a chance to grab it when
she used the phone earlier that night and then lured Alligood in the cell with sexual
temptations, making this a premeditated murder.84 One cannot deny that there was some
sort of sexual activity going on in Little's cell that night because of the semen that was
found on Alligood's pants. However, her testimony of what happened during the summer
that she was in jail conflicted with what she had written in her journals. This
•
contradictory evidence left the prosecution to wonder if Joan was really telling the truth
about the cause of the murder. Although, one could also question the intentions of the
jailers. Mr. Alligood could have been trying to seduce Little or bribe her into giving
sexual favors which is why he was so nice to her. The question of intent on both sides of
the story is why the defendant and the victim's history were brought in as evidence
during the trial.
Towards the end of the trial proceedings, there were testimonies from other
women who were incarcerated in the Beaufort County jail as well. They claimed that they
too had been sexually harassed by the jailers. Rosa Ida Mae Roberson, a middle-aged
woman who was placed in the jail claimed that she had attempted to cut her wrists with
Wayne King, "Joan Little Prosecutors Contend Killing Was Part of Escape Plot," New York Times,
August 1, 1975,21.
83
King, "Joan Little Prosecutors," 21.
84
King, "Joan Little Prosecutors," 21.
23
the ragged end of a toothpaste tube because of repeated entreaties from Alligood.85 Annie
Marie Gardner, who had spent 44 days in the jail, claimed that Mr. Alligood had made
sexual advances while she scrubbed the jail floor on several occasions.86 Phyllis Ann
More testified that she had seen Alligood come into the women's section on two
occasions and ask the defendant if she had "missed her man;" both times Little had
O"7
turned away from him in disgust.
Just as the prosecution brought up Joan's past in order
to taint her credibility, the defense had now done the same with Clarence Alligood.
Jerry Paul began his closing statement for the Joan Little trial with a quote from
Dr. Martin Luther King's speech "Where Do We Go from Here: Chaos or Community,"
saying that, "Together we must transform this worldwide neighborhood into worldwide
brotherhood [...] We must work passionately and indefatigable—without fatigue—to
bridge the gulf between our scientific progress and our moral progress."88 He then went
on to say that "The richer we have become materially, the poorer we have become
morally." He attacked America's current moral stance on race in order to make Joan
Little seem like she had been violated her entire life. He even went on to say "They
[American courts] want to keep out the racism. They want to keep out the sexism, but it
[the point] has to be made if we are going to have social change."90 This tactic would gain
more support and sympathy from the jury. Paul also used a speech from a prominent
leader in the Civil Rights movement to make himself and his cause appear to be more
heroic. Paul stated that the Joan Little trial was chosen, not by him, but by God.91
89
Wayne King, "Joan Little Jury Hears Ex-Inmates," New York Times, August 8, 1975, 7.
King, "Joan Little Jury," 7.
King, "Joan Little Jury," 7.
Reston, "Collection," 4.
Reston, "Collection," 4.
Reston, "Collection," 6.
Reston, "Collection," 4.
24
Furthermore, Paul tried to relate Joan Little's case to that of Rosa Parks' and how she
went against the law, to help his case. He stated, "If Rosa Parks had obeyed the law of the
land that Mr. Chalmers (another prosecutor) said protects us, [...] if Rosa Parks had sat at
the back of the bus rather than the front of the bus, you [black members of the jury]
wouldn't be serving on this jury."92 Paul failed to mention Little's not-so-clean past and
her admittance to the murder; he highlighted what she was, not who she was. So, in
essence, Jerry Paul was trying to convince the jury that by setting Joan Little free, without
regard to evidence against her, they would be making society a better place. The jury had
the power, if they did not convict her, to raise the moral standards in America and further
the equality movement.
This was a powerful closing argument that was given. Paul relied heavily on the
social climate surrounding the case and the previous Civil Rights movement to enhance
his argument. He wanted to make sure that Americans realized that they were in a moral
dilemma; not about whether a murderer should be convicted, but whether or not a poor,
black woman should be punished for the crimes society had committed against her.
The American courts may never know the exact details of what happened during
the summer of 1974 in the small Beaufort County jail, but what they do know is that a
black woman in the South was acquitted for killing a white man. This outcome made Joan
Little's case stand out among the many other historically biased trials. Because of the
funding and support that was provided to her from her followers, Joan Little and her
defense team were able to have a seemingly impartial trial, thus giving her a fair chance at
justice. Little's trial came during a time of change and transformation in the United
States. She was chosen to represent all of the other black women who were not given
Reston, "Collection," 6.
25
justice in the past and also to give hope for them in the future. Her case allowed her to
represent what America hoped they could be; a blind and just legal system, giving
everyone, no matter what color or gender, a fair trial.
26
Works Cited
Primary Sources
McConahay, John B and Mullin, Courtney J. and Frederick, Jeffery. "The Uses of Social
Science in Trials with Political Overtones: The Trial of Joan Little." Law and
.
Contemporary Problems 1 (1977). www.jstor.org (accessed September 18, 2006).
This article was written by the social scientists that conducted the field study and
research of Eastern North Carolina for the Joan Little trial. In this work, they discuss the
methods used by the defense to gain a fair trial and jury. This was an important piece of
information because without the change of venue or a carefully selected jury, the outcome
of the trial could have been different. This article gave more in depth information about
the pre-trial process.
The New York Times, July 1975-October 1975.
I was able to find over ten articles related to the Joan Little trial in the New York
Times. Most of the writings were by a man named Wayne King. He followed the case
from beginning to end, reporting on any new developments or important events. There
was also an article by Mark Pinsky, another writer following the case. In addition to
articles, I also found an article written in letter format that Joan Little had submitted to the
people asking for money and support. From these primary documents I was able to see
how the media was portraying the case to the general public and also gain new
information about the case.
Reston, James. "Collection of Joan Little Trial Materials." University of North Carolina at
Chapel Hill: Southern Historical Collection, 1976.
This collection contained a number of valuable primary resources. Not only did it
have a few newspaper clippings, but the original testimonies of Joan Little. It also
contained the closing arguments from both the prosecutor and defense attorneys. A
transcript of an audio interview with Joan Little, conducted by James Reston, was also
included. All of these materials gave me a better understanding of what really went on
during the actual trial.
27
Works Cited
Secondary Sources
Collins, Patricia Hill. "The Socialist Construction of Black Feminist Thought." In Words
of Fire: An Anthology of African American Feminist Thought. New York: The
New Press, 1995,337-357. Davis, Angela. "Joan Little: The Dialectics of
Rape." Ms. Magazine The Best of 30
Years, Spring 2002. Haden, Patricia; Middleton, Donna; and Robinson,
Patricia. "A Historical Essay for
Black Women." In Dear Sisters: Dispatches From the Women's Liberation
Movement. New York: Basic Books, 2000, 93-95. Harwell,
Fred. A True Deliverance. New York: Alfred A. Knopt, 1979.
This book had a plethora of information concerning the Joan Little trial Not only
did it give details about the trial proceedings, but it also gave detailed
information about the main characters involved in the case such as Joan Little and Jerry
Paul.
Hooks, Bell. "Black Women: Shaping Feminist Theory." In Words of Fire: An Anthology
of African American Feminist Thought. New York: The New Press, 1995, 270282. Hope, Karol. "The Single Mother Experience." In Dear Sisters: Dispatches
From the
Women's Liberation Movement. New York: Basic Books, 2000, 229. Murray,
Pauli. "The Liberation of Black Women." In Words of Fire: An Anthology of
African American Feminist Thought. New York: The New Press, 1995, 185-197.
Pratt, Minnie Bruce. "A Look Back at the Joan Little Case." Workers World (2006).
www.workers.org (accessed September 19, 2006).
28
Reston, James. The Innocence of Joan Little: A Southern Mystery. Toronto: Fitzhenry &
Whiteside, 1977. Thomas, Bettye Collier. Sisters in the Struggle: African
American Women in the Civil
Rights-Black Power Movement. New York: New York University Press, 2001.